AB602: Bill Text

AB602,11,18 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term kinship care relative states that he or she does not have any arrests or convictions that could adversely affect the child or the long-term kinship care relative's ability to care for the child and that, to the best of the long-term kinship care relative's knowledge, no adult resident, as defined in sub. (3p) (a), and no employe or prospective employe of the long-term kinship care relative who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the long-term kinship care relative's ability to care for the child.

AB602,11,21 5. The long-term kinship care relative cooperates with the county department in the application process, including applying for other forms of assistance for which the long-term kinship care relative may be eligible.

AB602,11,23 5m. The long-term kinship care relative is not receiving payments under sub. (3m) with respect to the child.

AB602,12,4 6. The county department and long-term kinship care relative enter into a written agreement under which the long-term kinship care relative agrees to provide care and maintenance for the child and the county department agrees, subject to sub. (3p) (h), to make monthly payments to the long-term kinship care relative at the rate specified in sub. (3m) (am) (intro.) until the earliest of the following:

AB602,12,5 a. The date on which the child attains the age of 18 years.

AB602,12,6 b. The date on which the child dies.

AB602,12,8 c. The date on which the child is placed outside the long-term kinship care relative's home under a court order or under a voluntary agreement under s. 48.63.

AB602,12,10 d. The date on which the child ceases to reside with the long-term kinship care relative.

AB602,12,12 e. The date on which the long-term kinship care's guardianship under s. 48.977 terminates.

AB602,12,13 f. The date on which the child moves out of the state.

AB602,12,15 (ar) Subject to sub. (3p) (fm) 1m. and (h), a county department shall enter into an agreement under par. (am) 6. if all of the following conditions are met:

AB602,12,16 1. All of the conditions in par. (am) 1. to 5m. are met.

AB602,12,17 2. The applicant has expressed a willingness to enter into the agreement.

AB602,12,20 (b) 1. The county department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am).

AB602,13,6 2. When any long-term kinship care relative of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time that payments are made under this subsection, is assigned to the state. If a child is the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.

AB602,13,9 (c) The county department shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child.

AB602,13,12 (cm) A long-term kinship care relative who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3m) or s. 48.62 (4) for that child.

AB602,13,16 (d) The county department shall, at least once every 12 months after the county department begins making payments under this subsection, determine whether any of the events specified in par. (am) 6. a. to f. have occurred. If any such events have occurred, the county department shall discontinue making those payments.

AB602,13,18 (e) The department shall determine whether the child is eligible for medical assistance under ss. 49.43 to 49.47.

Note: Creates the long-term kinship care program described above in the Prefatory note.

AB602, s. 9 Section 9. 48.57 (3n) (am) (intro.) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB602,14,3 48.57 (3n) (am) (intro.) From the appropriations under s. 20.435 (7) (b) and (o) (3) (cz) and (kc), the department shall reimburse counties for payments made under this subsection. A county department shall make monthly payments for each child in the amount specified in sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:

Note: This Section and the previous Section set forth alternative appropriations to fund the long-term kinship care program. If the biennial budget act provides that kinship care payments are to be made from the appropriation for foster care, kinship care and aid to minor custodial parents and from the appropriation for interagency and intra-agency funds, then this Section, which provides that those appropriations must also be used to fund long-term kinship care payments, applies. On the other hand, if the biennial budget act does not provide that kinship care payments are to be made from the appropriation for foster care, kinship care and aid to minor custodial parents and from the appropriation for interagency and intra-agency funds and uses the community aids appropriations for that purpose as under current law, then the previous Section, which provides that the community aids appropriations must also be used to fund long-term kinship care payments, applies.

AB602, s. 10 Section 10 . 48.57 (3p) (a) of the statutes is amended to read:

AB602,14,9 48.57 (3p) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n).

Note: With respect to the definition of "adult resident" for purposes of criminal background investigations, reflects the creation of the long-term kinship care program by this bill.

AB602, s. 11 Section 11 . 48.57 (3p) (b) 1. of the statutes is amended to read:

AB602,14,13 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

Note: Requires the county department to conduct a criminal background investigation of an applicant for long-term kinship care payments.

AB602, s. 12 Section 12. 48.57 (3p) (b) 3. of the statutes is created to read:

AB602,15,2 48.57 (3p) (b) 3. The county department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3n) at any time that the county department considers to be appropriate.

Note: Permits the county department to conduct a criminal background investigation of a long-term kinship care relative at any time that the county department considers to be appropriate.

AB602, s. 13 Section 13. 48.57 (3p) (c) 1. of the statutes is amended to read:

AB602,15,9 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b) 1., conduct a background investigation of all employes and prospective employes of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.

Note: Requires the county department to conduct criminal background investigations of the employes and prospective employes of a long-term kinship care relative who have or would have regular contact with the child and of the adult residents of a long-term kinship care relative's home.

AB602, s. 14 Section 14. 48.57 (3p) (c) 2m. of the statutes is created to read:

AB602,15,16 48.57 (3p) (c) 2m. The county department, with the assistance of the department of justice, may conduct a background investigation of any of the employes or prospective employes of any person who is receiving payments under sub. (3n) who have or would have regular contact with the child for whom payments are being made and of each adult resident at any time that the county department considers to be appropriate.

Note: Permits the county department to conduct a criminal background investigation of a long-term kinship care relative's employes or prospective employes who have or would have regular contact with the child or any adult resident of the long-term kinship care relative's home at any time the county department considers to be appropriate.

AB602, s. 15 Section 15. 48.57 (3p) (c) 3. of the statutes is amended to read:

AB602,16,7 48.57 (3p) (c) 3. Before a person that who is receiving payments under sub. (3m) or (3n) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1. or, 2. or 2m.

Note: Requires the county department to conduct a criminal background investigation of any prospective employe of a long-term kinship care relative who would have regular contact with the child and of any prospective adult resident of the long-term kinship care relative's home before the long-term kinship care relative may employ the person or permit the person to reside in his or her home.

AB602, s. 16 Section 16 . 48.57 (3p) (fm) 1m. of the statutes is created to read:

AB602,16,22 48.57 (3p) (fm) 1m. The county department may not enter into the agreement under sub. (3n) (am) 6. unless that county department receives information from the department of justice relating to the conviction record of the applicant under the law of this state and that record indicates either that the applicant has not been arrested or convicted or that the applicant has been arrested or convicted but the director of the county department determines that the conviction record is satisfactory because it does not include any arrest or conviction that the director determines is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child. The county department may make payments under sub. (3n) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department determines is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.

Note: See the Note following Section 18.

AB602, s. 17 Section 17. 48.57 (3p) (fm) 2m. of the statutes is created to read:

AB602,18,3 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department that, to the best of his or her knowledge, the employe or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payment under sub. (3n) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department receives information from the department of justice relating to the person's conviction record under the law of this state and that record indicates either that the person has not been arrested or convicted or that the person has been arrested or convicted but the director of the county department determines that the conviction record is satisfactory because it does not include any arrest or conviction that is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child and the county department so advises the person receiving payments under sub. (3n). A person receiving payments under sub. (3n) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department determines is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.

Note: See the Note following the Section 18.

AB602, s. 18 Section 18 . 48.57 (3p) (h) of the statutes is created to read:

AB602,18,11 48.57 (3p) (h) A county department may not make payments to a person under sub. (3n) and a person receiving payments under sub. (3n) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department determines that the person has any arrest or conviction that is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.

Note: The previous 3 Sections create provisions which are similar to the criminal background investigation provisions under the kinship care program under s. 48.57 (3m), stats., but differ in that kinship care payments may not be made if either the person applying for kinship care payments, a person permitted to be an adult resident in the home of the kinship care relative or a person employed by the kinship care relative in a position in which that employe would have regular contact with the child has been convicted of certain crimes which are specified in s. 48.57 (3p) (g) 1. to 3., stats. In contrast, conviction of one of those specified crimes does not result in automatic exclusion for long-term kinship care payments. Rather, if there is a record of arrest or conviction, a person may not receive long-term kinship care payments unless the director of the county department determines that any arrest or conviction is not likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.

AB602, s. 19 Section 19. 48.57 (3t) of the statutes is amended to read:

AB602,19,2 48.57 (3t) Notwithstanding subs. (3m), (3n) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n) and (3p) within the boundaries of that reservation. Any such agreement with respect to administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.

Note: Does the following:

1. Amends the provision which allows DHFS to enter into an agreement with an Indian tribe to administer the kinship care program to add a parallel provision for the long-term kinship care program and a parallel provision for an Indian band.

2. Provides that with respect to the long-term kinship care program, the agreement must specify who is to make the decision as to whether a conviction record is satisfactory.

AB602, s. 20 Section 20. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

AB602,19,7 49.155 (1m) (a) (intro.) The individual is a custodial parent of a child who is under the age of 13, or is a person who, under s. 48.57 (3m) or (3n), is providing care and maintenance for a child who is under the age of 13, and child care services for that child are needed in order for the individual to do any of the following:

Note: Current law provides, in pertinent part, that a kinship care relative who is providing care and maintenance for a child who is under age 13 may be eligible for a Wisconsin works child care subsidy under certain circumstances. This bill adds a parallel provision for a long-term kinship care relative, as defined in s. 48.57 (3n), stats., as created by the bill.

AB602, s. 21 Section 21. 49.22 (6) of the statutes is amended to read:

AB602,19,17 49.22 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or benefits under s. 49.148, 49.153 or 49.155 and to individuals not receiving kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

Note: Current law provides that the uniform system of fees established by DHFS for services under s. 49.22, stats., that is, for services related to the child and spousal support and establishment of paternity and medical liability support program, do not apply to certain persons, including individuals receiving kinship care payments under s. 48.57 (3m), stats. This bill adds a parallel provision for individuals receiving long-term kinship care payments under s. 48.57 (3n), stats., as created by the bill.

AB602, s. 22 Section 22. 49.22 (7m) of the statutes is amended to read:

AB602,20,11 49.22 (7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an obligation. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, retain up to 50% of any incentive payment made to this state under 42 USC 658 for a collection under this subsection, and retain 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children or a recipient of kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n).

Note: With respect to collections made under the child and spousal support enforcement program, adds a provision to include collections made on behalf of a recipient of long-term kinship care payments under s. 48.57 (3n), stats., as created by the bill, on the same basis as collections made on behalf of a recipient of kinship care payments under s. 48.57 (3m), stats.

AB602, s. 23 Section 23 . 49.23 (1) of the statutes is amended to read:

AB602,21,7 49.23 (1) From the appropriation under s. 20.445 (3) (cb), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 48.57 (3m) or (3n) or 49.148 or whose children receive benefits under s. 49.19 and to persons who do not receive benefits under s. 48.57 (3m) or (3n) or 49.148 and whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 48.57 (3m) or (3n) or 49.148 or whose children receive benefits under s. 49.19 and child support orders awarded to persons who do not receive benefits under s. 48.57 (3m) or (3n) or 49.148 and whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person who does not receive benefits under s. 48.57 (3m) or (3n) or 49.148 and whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.

Note: With respect to the child support order revision program, adds provisions to include child support orders awarded to persons who receive long-term kinship care payments under s. 48.57 (3n), stats., as created by the bill, on the same basis as child support orders awarded to persons who receive kinship care payments under s. 48.57 (3m), stats.

AB602, s. 24 Section 24 . 49.23 (2) (a) 1. of the statutes is amended to read:

AB602,21,13 49.23 (2) (a) 1. Provides an incentive for a county to increase its child support collections for persons who receive benefits under s. 48.57 (3m) or (3n) or 49.148 or whose children receive benefits under s. 46.261 or 49.19 as well as for persons who do not receive benefits under s. 48.57 (3m) or (3n) or 49.148 and whose children do not receive benefits under s. 46.261 or 49.19.

Note: With respect to the child support collection incentive program, adds provisions to include child support collections for person who receive long-term kinship care payments under s. 48.57 (3n), stats., as created by the bill, on the same basis as child support collections for persons who receive kinship care payments under s. 48.57 (3m), stats.

AB602, s. 25 Section 25. 49.46 (1) (a) 5. of the statutes is amended to read:

AB602,21,17 49.46 (1) (a) 5. Any child in an adoption assistance, foster care, kinship care, long-term kinship care or treatment foster care placement under ch. 48 or 938, as determined by the department.

Note: See Note following the next Section.

AB602, s. 26 Section 26 . 49.46 (1) (a) 16. of the statutes is amended to read:

AB602,22,3 49.46 (1) (a) 16. Any child who is living with a relative who is eligible to receive payments under s. 48.57 (3m) or (3n) with respect to that child, if the department determines that no other insurance is available to the child.

Note: Current law provides that certain individuals are eligible for MA, including a child who is in a kinship care placement under ch. 48, stats., as determined by DHFS, or a child who is living with a relative who is eligible to receive kinship care payments with respect to the child, if DHFS determines that no other insurance is available to the child. This bill adds a parallel provision for a long-term kinship care relative, as defined in s. 48.57 (3n), stats., as created by this bill.

AB602, s. 27 Section 27. 49.96 of the statutes is amended to read:

AB602,22,10 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under ss. 48.57 (3m) or (3n) or 49.148 (1) (b) to 49.159, payments made for social services, cash benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

Note: Current law provides that certain types of assistance payments, including kinship care payments under s. 48.57 (3m), stats., are exempt from levy. This bill adds a parallel exemption for long-term kinship care payments under s. 48.57 (3n), stats., as created by the bill.

AB602, s. 28 Section 28. 767.045 (1) (c) 1. of the statutes is amended to read:

AB602,22,16 767.045 (1) (c) 1. Aid is provided under s. 46.261, 48.57 (3m) or (3n), 49.19 or 49.45 on behalf of the child, or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

Note: With respect to the circumstances under which a guardian ad litem is appointed for a child in an action involving the family when requested by the IV-D attorney, adds a provision to require the court, if so requested, to appoint a guardian ad litem, if long-term kinship care payments under s. 48.57 (3n), stats., as created by the bill, are paid on behalf of the child on the same basis as if kinship care payments under s. 48.57 (3m), stats., are paid on behalf of the child.

AB602, s. 29 Section 29. 767.075 (1) (c) and (cm) of the statutes are amended to read:

AB602,23,3 767.075 (1) (c) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19 or 49.45 is provided on behalf of a dependent child or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161.

AB602,23,7 (cm) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19 or 49.45 has, in the past, been provided on behalf of a dependent child, or benefits have, in the past, been provided to the child's custodial parent under ss. 49.141 to 49.161, and the child's family is eligible for continuing child support services under 45 CFR 302.33.

Note: With respect to the circumstances under which the state is a real party in interest for purposes of establishing paternity and securing reimbursement of aid paid, future support and costs as appropriate in an action affecting the family, adds a provision to provide that the state is a real party in interest when long-term kinship care payments under s. 48.57 (3n), stats., as created by the bill, are provided or in the past have been provided on behalf of a dependent child on the same basis as the state is a real party in interest when kinship care payments under s. 48.57 (3m), stats., are provided or in the past have been provided on behalf of a dependent child.

AB602, s. 30 Section 30. 767.077 (intro.) of the statutes is amended to read:

AB602,23,13 767.077 Support for dependent child. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2. or 49.19 (4) (h) 1. b. if all of the following apply:

Note: With respect to when the state must bring an action for paternity determination and child support, adds a provision to require the state to bring such an action when the child's right to support is assigned to the state under the long-term kinship care program under s. 48.57 (3n) (b) 2., stats., as created by the bill, on the same basis as the state is required to bring such an action when the child's right to support is assigned to the state under the kinship care program under s. 48.57 (3m) (b) 2., stats.